Bill Text: CA SB1413 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Adjutant General: support programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-20 - Chaptered by Secretary of State. Chapter 412, Statutes of 2012. [SB1413 Detail]

Download: California-2011-SB1413-Introduced.html

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BILL NUMBER: SB 1413	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 24, 2012

   An act to repeal and add Section 412.5 of the Military and
Veterans Code, relating to the state militia.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1413, as introduced, Negrete McLeod. Adjutant General: support
programs.
   Existing law authorizes the Adjutant General to establish rules
and regulations for the provision of morale, welfare, and
recreational activities for members of the National Guard, in
accordance with federal military regulations.
   This bill would repeal that authorization.
   Existing law requires the Adjutant General to perform various
duties with regard to the National Guard that are consistent with
regulations and customs of the federal military organizations, as may
be prescribed by the Governor.
   This bill would authorize the Adjutant General to establish
specified support programs for the benefit of the Military
Department, its components, and its soldiers, airmen, cadets, and
their family members and to establish, construct, or acquire
facilities or equipment for theses programs. This bill would
authorize the Adjutant General and the Military Department to solicit
and accept funds or other donations, and would require these funds
to be deposited in the Military Department Morale and Welfare Fund,
established by this bill. This bill would require the money in the
fund to be available, upon appropriation by the Legislature, for the
establishment of the support programs and for the establishment,
construction, or acquisition of facilities or equipment for these
programs. This bill would require the Adjutant General to conduct an
internal audit of this fund and report the findings of the audit to
the Department of Finance, as provided.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 412.5 of the Military and Veterans Code is
repealed. 
   412.5.  (a) Notwithstanding any other provision of law, the
Adjutant General may do all of the following:
   (1) Establish rules and regulations in accordance with Army, Air
Force, and National Guard Bureau regulations for the provision of
morale, welfare, and recreational activities that benefit soldiers
and airmen of the National Guard.
   (2) Provide other services, in accordance with the regulations of
the Department of the Army, the Department of the Air Force, and the
National Guard Bureau, governing morale, welfare, and recreation fund
activities.
   (3) Adopt rules and regulations for the establishment and deposit
of military post, welfare, or similar unit, or organizational funds.
   (b) The Adjutant General or the National Guard may accept funds or
other donations for the benefit of the Military Department.

  SEC. 2.  Section 412.5 is added to the Military and Veterans Code,
to read:
   412.5.  (a) Notwithstanding any other law, the Adjutant General
may do all of the following:
   (1) Establish support programs, including, but not limited to,
morale, welfare, recreational, training, and educational programs for
the benefit of the Military Department, its components, and its
soldiers, airmen, cadets, and their family members.
   (2) Establish, construct, or acquire facilities or equipment for
the purposes specified in paragraph (1).
   (3) Adopt rules and regulations for all of the following:
   (A) For the programs established pursuant to paragraph (1).
   (B) For the solicitation and acceptance of funds authorized
pursuant to subdivision (b).
   (4) Perform any other acts as may be necessary, desirable, or
proper to carry out the purposes of this section.
   (b) (1) Notwithstanding any other law, the Adjutant General and
the Military Department may solicit and accept funds or other
donations which shall be deposited in the Military Department Morale
and Welfare Fund, which is hereby established in the State Treasury.
The money in the fund is available, upon appropriation by the
Legislature, for the purposes specified in paragraphs (1) and (2) of
subdivision (a).
   (2) Section 11005 of the Government Code shall not apply to the
acceptance of funds or other donations pursuant to this subdivision.
   (c) The Adjutant General shall, on or before March 1, 2014, and on
or before March 1 each year thereafter, conduct an internal audit of
the fund established pursuant to subdivision (b) and report the
findings of the audit to the Department of Finance.